76-6-409.7. Possession of unlawful telecommunication device.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-6-409.5
(2) An actor commits possession of unlawful telecommunication device if the actor knowingly possesses an unlawful telecommunication device.
(3) Except as provided in Subsectionor, a violation of Subsectionis a class B misdemeanor. (3)(b) (3)(c) (2) Except as provided in Subsection, a violation of Subsectionis a third degree felony if the actor knowingly possesses five or more unlawful telecommunication devices in the same criminal episode. (3)(c) (2) A violation of Subsectionis a second degree felony if the actor: (2) knowingly and unlawfully possesses an instrument capable of intercepting electronic serial number and mobile identification number combinations under circumstances evidencing an intent to clone; or knowingly and unlawfully possesses cloning paraphernalia under circumstances evidencing an intent to clone. An actor who violates this section is subject to the restitution and civil action provisions described in Section. 76-6-409.10